Appeal No. 1997-2378
Application No. 08/233,533
Equally importantly, the Board's attention is
directed to the Declaration submitted in the prior
parent application, with the amendment of March 11,
1994. Therein the procedure of Example 14 of the
instant application was followed and a photograph
submitted of the polypropylene particles obtained by
the polymerization as carried out in this example.
These particles, as shown by that Declaration, have
the polyhedron shape of the support.
See Pingree v. Hull, 518 F.2d 624, 627, 186 USPQ 248, 251
(CCPA 1975) (claims with no express disclosure must find
inherent support in the original application); Behr v.
Talbott, 27 USPQ2d 1401, 1407 (Bd. Pat. App. & Int. 1992) (the
written description requirement can be satisfied by showing
that the disclosed subject matter inherently or necessarily
satisfies the limitation in question).
Appellants further rely on the Kang article to establish
that "those skilled in this art know that polymers replicate
the shape of the catalytic support" (Brief, p. 4). The Kang
article is directed to the use of TiCl catalysts supported on
4
MgCl to produce polypropylene. Specifically, Kang discloses
2
(p. 1310):
Polymer Morphology
Both activity and texture of the catalyst affect
the polymer morphology. The polymerization
catalysts are well known to replicate their
morphology into the polymer particles. In other
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